High Court dismisses Malema and EFF application for leave to appeal in AfriForum land invasion case with costs

18 January 2023

The High Court in Pretoria today dismissed Julius Malema and the EFF’s application for leave to appeal against an interdict which AfriForum acquired in 2017, which prohibited Julius Malema and the EFF from inciting people to trespass on private property and to illegally occupy it. The court also ordered Malema and the EFF to pay AfriForum’s costs.

With this judgement, Justice P.M. Mabuse reinforced and relied on an earlier Constitutional Court judgment which emphasised the unconstitutionality of incitement to trespass on private property and the serious criminal nature of any incitement to endanger private property owners or the right to private property.

“This judgement is a major win for private property rights and a big blow to those who wish to incite criminality, violence or lawlessness,” says Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum.

“AfriForum welcomes Judge Mabuse’s judgement which adds the necessary emphasis on the serious criminal nature of inciting people to trespass on and illegally occupy private property,” Van Zyl concludes.

Find judgement and voice notes attached

Issued by Ernst van Zyl, Campaign Officer: Strategy and content, AfriForum, 17 January 2023